Introduction to Constitutional Law Flashcards
Explaining what the constitution and constitutional law are. (4 cards)
What is a constitution?
A constitution is a written document that enables and limits governmental power. Constitutions deal with political authority and the exercise of power in a state. They determine the location, bestowment, distribution, exercise, and limitation of authority and power among the organs of a State. Constitutions are involved with both procedural and substantive matters.
There is no model constitution because variations of constitutions exist to serve the needs and dynamics of different societies. Each country has its own unique political and socio-economic needs that determine the kind of constitution that is most appropriate for it. Constitutions are shaped by the history of a particular society.
In S v Makwanyane 1995 (CC), Mahomed J describes the purpose and function of a constitution as seeking to articulate the shared aspirations f a nation and the values which binds its people. Furthermore, that constitutions outline the values which discipline its government and national institutions.
What is constitutional law?
Constitutional law is normative rules of public law that determine and regulate principal organs of state, relationships between these organs, and relationships between between individuals and the state.
What do constitutions normally contain?
Constitutions normally:
- The empowerment and limitation of the government
- Establish the State by allocating powers and defining relations between state institutions and the people
- A Bill of Rights
- Values and aspirations of the nation
What is a codified constitution? And how does a codified constitution differ from a an uncodified constitution?
A codified constitution is one statute-like document that addresses the distribution of power between the main organs of state, relationship between them, and relationship between these organs and individual citizens. If such a document does not exist, then the constitution is uncodified.
E.g., The United Kingdom does not have a codified constitution.
